Many of us spend a large portion of our day at work. Fortunately, there are numerous laws in effect at the federal and state level that protect employees from being overworked or abused by their employers. Overtime laws are one of such measures. For employees based in California, it is important to understand California overtime laws thoroughly to ensure that you are fairly compensated for your work. If you believe your employer is not following these rules, or you have questions about how overtime laws apply to your situation, consider contacting a top-rated Los Angeles wage and hour lawyer for guidance on protecting your rights.
California’s Department of Industrial Relations is one of the main government agencies tasked with ensuring that California employees are fairly compensated for their work. The agency provides an overview of overtime compensation rules for most employees in the state on its website.
For those who work more than eight hours and less than twelve hours a day, they should be compensated in the amount of 1.5 times their regular hourly pay for work hours nine through twelve.
When more than twelve hours of work is performed, this time should be compensated at two times the regular hourly pay.
If a person works more than forty hours in a week, they should be paid at a rate of 1.5 times their normal hourly pay.
A person who works a seventh consecutive day in the week should be paid at 1.5 times their normal hourly rate for eight hours and at two times their regular hourly rate for time beyond eight hours on the same day.
For those who have alternative work schedules, such as those in the healthcare industry, overtime compensation may be structured differently. If a person works a four-day, ten-hour schedule, for instance, they may not be paid overtime unless they work more than ten hours in the day. They may receive time and a half pay for hours worked beyond their scheduled time and up to eight hours.
California overtime laws apply to employees who are non-exempt from Industrial Welfare Commission (IWC) regulations. Those who are salaried and in executive, administrative, or professional roles may not receive overtime pay. Other salaried employees may be eligible for overtime pay per IWC regulations.
These overtime compensation policies may also not apply to:
Holiday or sick pay does not account for time worked during the week. You must be paid for overtime work even if it was not authorized by your employer.
Labor laws are constantly changing as technology continues to advance and the economy evolves. It is important to speak with a knowledgeable California employment attorney if you are unsure whether you are due overtime pay.
If you believe you are not being compensated fairly for overtime work performed, you have multiple options available to you, including filing a wage claim with California’s Labor Commissioner’s Office or even a direct claim against your employer.
You have up to three years from the time of the violation of your overtime compensation rights to file a wage claim in California. It is important to gather the evidence to present in your case, including your paystubs, timecards, and any communication you have had with your employer about any overtime work you have performed that has not been paid.
Once the Labor Commission receives your wage claim, you and your employer can be scheduled for a settlement conference to discuss an agreement. If a settlement can’t be reached, or if your employer does not attend the meeting, a wage claim hearing would be scheduled with a hearing officer to give you the opportunity to present your case. The hearing officer has fifteen days to issue an Order, Decision, or Award (ODA) to both parties. Either party has the right to appeal.
Working with an employment attorney during your wage claim case can help ensure that you properly file your wage claim and that you present a strong case.
A: In general, overtime in California is considered any time worked over eight hours in a day or forty hours in a workweek. When an employee has worked overtime, they should be compensated for those hours at a rate of 1.5 times their normal hourly rate. Those who work over forty hours in a week receive the same overtime compensation.
A: In California, you can work four-day, ten-hour shifts. As long as your employment agreement states this is your regular schedule, you may not receive compensation for overtime work. If you perform work over your scheduled ten hours, you may receive 1.5 times your regular hourly rate for up to eight additional hours worked.
A: An employee may be exempt from overtime in California for several reasons. They may not be entitled to overtime compensation per state law if they belong to a union that has signed a collective bargaining agreement, if they are salaried employees in an executive, professional, or administrative role, or if they belong to certain industries.
A: A salaried employee may receive overtime compensation in California. As long as their employment is non-exempt and they are not in an executive, professional, or administrative role, salaried employees may be compensated for overtime similarly to hourly employees. If you are unsure whether you are entitled to overtime, you can consult the human resources department at your company or a qualified California employment attorney.
California laws provide various protections for employees. One of these protections is overtime pay. An employee may be entitled to time and a half pay for hours worked beyond eight hours a day and forty hours a week in most cases. They may also be compensated at double their pay per hour if they work over twelve hours. Exceptions to overtime pay exist. It is important to consult a qualified attorney if you believe you are owed overtime pay.
As one of the biggest employment litigation law firms in California, Clark Employment Law, APC provides legal representation for California employees who have a wage dispute with their employer. Contact our office today to learn more about your rights under California overtime laws.
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